Natural Person and Legal Person

As case law grew, so did the concept of person. People began to develop entities for their business and transactions. The world has seen a number of people acting on behalf of entities. The technical problem of suing a company has occurred several times. This paved the way for the development of another group of individuals known as legal entities. Based on the criteria established by Mexican federal courts, there is no clear idea of what a legal entity is. Indeed, the Mexican courts have merely duplicated the text of the law (with some variations) and explained that “personality is an issue that must be examined at every stage of the process and even informally, since it is the basis of the procedure”. The concept of legal entity is at the heart of Western law today, in both common law and civil law countries, but it is also found in virtually all legal systems. [12] b. A natural person always trades with his personal name, although he may use a different name when registering the business establishment. Since a legal person is an entity independent of the partners, it has its own name and must act as such, without having to identify the persons who compose it. Regarding the concept of legal person, Máynez notes that it must be viewed through the prism of “theories of the legal person of collective entities”.18 The term legal person (pessoa jurídica” in Portuguese) is used in case law to designate a unit of rights and obligations that also has legal personality. Its regulations are largely based on the Brazilian Civil Code, where it is clearly recognized and defined, among other things.

A natural person has rights such as the right to vote, the right to marry, the right to life, the right to privacy, the right to travel, etc. In the normal sense, these are only accessible to humans, so they are only given to humans. These rights are not granted to an unborn person. The right to vote and marry may not even be granted to minor citizens. In law, a corporation is any person or “thing” (less ambiguously any corporation)[1][2] that can do the things that an ordinary person can normally do in law – such as entering into contracts, suing and being sued, owning property, etc. [3] [4] [5] The rationale for the term “corporation” is that some legal entities are not persons: corporations and corporations are legally “persons” (they can legally do most of the things that an ordinary person can do), but they are clearly not persons in the ordinary sense of the word. According to the General Law on Commercial Companies, another characteristic concerns the free will of the commercial entity. However, this free will relates to the activity of the legal person itself and is reflected in legal relationships created or created as a result of acts of will that necessarily give rise to subjective rights and obligations. In most national legal systems, natural and legal persons have the right to due process. A government cannot seize the property of an individual or company without due process, a right guaranteed in the United States by the 14th Amendment. This right was first introduced in 1886 in the Supreme Court of Corporations case Santa Clara County v.

Southern Pacific Railroad. In fact, it was the powerful railway magnates of the 19th century who helped give companies the same rights as individuals. Based on an analysis of various economic laws, we can conclude that the concept of legal entity is sufficient for the practical applications for which it is used. The actual situation that confers identity on the legal person and the recognition by the legal system in question confers on the legal person its legal personality, which distinguishes it from other subjects who also have free will and are capable of exercising rights and duties. Realist theories: Note that legal entities, both private and public, are real. As such, rights include not only human beings, but any being who has his own will and life. According to this thought, a society exists as an objectively real entity and the law merely recognizes its existence and gives effect to it. Therefore, the law cannot create entities, but only recognize them. These theories include “organicism”,21 the collective theory of the soul,22 and the theory of the social organism.23 It is also stated that from 1175 to 1225, the Latin word persona originated the legal concept person.

In fact, almost all organizations operate as a “legal entity” because their activities require a legal entity to exercise certain rights and fulfill certain obligations. This brings us to the next question, that of legitimacy. In a severe criticism of the personality of the company, yexactinve scrustity, especially if the protection of its legal personality is abused. The term “legal person” can be ambiguous as it is often used as a synonym for terms that refer only to non-human legal persons, especially as opposed to “natural person”. [10] [11] In case law, a person with legal personality is considered to be a natural person. It usually refers to a living human. Former slaves did not have the privileges of a legal person, but were mere natural persons by birth. A natural person receives the most rights and privileges guaranteed by law, as well as duties and responsibilities. A natural person may take legal action and be prosecuted in accordance with the law.

This does not require any special legal provisions. Fundamental rights and human rights generally benefit natural persons. Carnelutti asserts that legal entities are characterized by: Purpose theory (Brinz): Teaches that corporate ownership is not owned by fictitious entities created by the state, but by no one at all. Essentially, corporate property is not owned by individuals, but by one purpose – “special purpose property.” Although the so-called “theory of purpose” has few adherents, it contains an important element of truth; that the assets of each company, not only charitable foundations, but also commercial companies, are dedicated to a specific purpose.20 For Carnelutti10, legal persons include both natural persons (individuals) and collective persons. Both types share a point of convergence between economic and legal elements; However, the latter is characterized by the fact that it consists of several individuals (not just one) united by a common interest. Based on Mexican jurisprudence, the concept of legal person includes the following elements: As regards the subjective rights of the legal person, these are exercised by representatives in accordance with the provisions of the articles of association.28 According to Kelsen, the validity of these articles is based on a legal transaction established by the applicable laws. Articles 1056 to 1062 govern the personality and legal capacity of the parties. Therefore, the characteristic resulting from the Comerce Code is the legal personality of the company, which allows it to identify itself as a trader.

One. A natural person remains the same; They acquire the status of trader only on the basis of the commercial exercise of a commercial activity. A legal person, once established, is a person distinct from its component persons. Another important difference between a natural person and a legal person is that a natural person has a limited lifespan. As a rule, a natural person does not live more than about 100 years. A legal person, on the other hand, can live longer than a natural person, because a corporation can be inherited by the successors of its president or a trust can continue to exist for the benefit of generations of people. The corporation or trust can continue to operate long after the person who founded it dies. Legal entities are businesses such as corporations, corporations (in some jurisdictions), and many government agencies. They are legally treated as if they were people.

[4] [6] [7] In practice, the legal person is characterised by the recognition of its legal personality, which allows it to acquire certain rights and be subject to certain obligations. As such, the actions of a legal person show its will. The term “natural person” refers to a living person with certain legal rights and obligations. In contrast, a “corporation” or “corporation” is a group of people who are legally considered to be acting as a single person. Natural and legal persons have the right to sue other parties and conclude contracts. You can also both be on the receiving side of a pursuit. To explore this concept, consider the following natural definition of a person. Later, the term was used in reference to the masked actor himself.